Swiss Hosting

Terms Of Service

Cyberlocker Switzerland S.A. Service Agreement

1. **Contract Duration and Termination:**
Clients of Cyberlocker Switzerland S.A. enter into a renewable monthly service contract unless a different arrangement is confirmed in writing. Monthly contracts are automatically renewed unless the Client submits a written cancellation, respecting the cancellation policy detailed in Section 8 below. Cyberlocker Switzerland S.A. reserves the right to terminate this Agreement for non-payment as stated in Section 12 or for any violation of this Agreement or the AUP at its discretion.

2. **Service Fees Schedule:**
Fees for services, beginning on the initial order date, serve as the monthly anniversary date (“Billing Anniversary”) for all subsequent billings, including one-time fees, upgrades, additional services, cancellations, and service credits. Fees are payable in advance of each service cycle on the monthly Billing Anniversary.

3. **Upgrade Costs:**
Upgrades ordered on the Billing Anniversary will incur full month service charges and will continue monthly on the Billing Anniversary. Upgrades ordered post the Billing Anniversary will be prorated to the next anniversary date and billed as a one-time pro-rata charge, with future charges appearing as full monthly fees on your existing Billing Anniversary.

4. **Additional Service Charges:**
Additional services will incur full month service charges from the Billing Anniversary, with any services ordered post the regular Billing Anniversary prorated to the next anniversary date as a one-time pro-rata charge. Subsequent charges will appear as full monthly fees on your existing Billing Anniversary.

5. **One-Off Fees:**
One-off fees such as setup fees, administrative fees, and late fees are payable immediately upon occurrence and/or mutual agreement. Bandwidth overages are invoiced following the billing cycle in which they are incurred and are subject to standard or otherwise agreed rates.

Standard rate for bandwidth overages: USD .10 per GB used.

6. **Taxes and Currency Value Changes:**
Customers located in The Republic of Panama are responsible for applicable sales tax. Cyberlocker Switzerland S.A. retains the right to modify the monthly costs due to significant fluctuations in the exchange rates between the United States Dollar and other major currencies. Clients will be notified 30 days in advance of any price change, and disagreement with the change will result in service cancellation at the next billing cycle.

7. **Service Credits:**
Service credits, if issued, will be used to offset future billable services. Credits are not transferable, refundable in cash, or applicable to other account holders, and will expire upon full termination of the customer’s account.

8. **Cancellation Procedure:**
A minimum of 3 days written notice prior to the Billing Anniversary is required for cancellation or downgrades of services. Failure to provide adequate notice will result in a full billable monthly cycle prior to cancellation. All cancellations before the minimum deadline will have the server remaining online until the reclamation process on the Billing Anniversary.

9. **Data Post-Termination:**
Any residual client data post-termination will be securely destroyed to maintain privacy and security.

10. **Restrictions on Shared Hosting and VPS:**
Clients using shared hosting or VPS products must adhere to specific usage restrictions including system resources consumption, software interface, query duration, etc. Violation of these conditions will lead to account suspension or termination without notice or refund.

11. **Non-Payment Consequences:**
Payments are due in full on the Billing Anniversary. Failure to remit payment for services within seven (7) consecutive days will result in termination, and all services will be reclaimed. A late fee of $25 may be incurred for payment failures.

12. **Data Responsibility:**
Cyberlocker Switzerland S.A. employs best practices for data integrity, backup, security, and retention. However, the ultimate responsibility for data integrity, retention, security, backup, and ownership resides with the customer.

13. **Jurisdiction and Laws Compliance:**
This agreement adheres to the laws of the Republic of Panama. The customer agrees to comply with all laws related to the services delivered in The Republic of Panama and Switzerland. Any legal remedies related to this agreement shall proceed in the Republic of Panama.

14. **Indemnification and Liability Limitation:**
Customers agree to indemnify Cyberlocker Switzerland S.A. against any third-party legal actions arising from the customer’s content, illegal activities, or infringement of proprietary rights. Cyberlocker Switzerland S.A.’s liability shall not exceed the amount paid by the customer for hosting services for the three months prior to the event giving rise to the claim.

15. **Legal Compliance and Electronic Signature:**
Customers confirm their authority to enter into this agreement and must be 18 years or older. Acceptance of this Agreement initiates billable services and is completed by agreement to the terms as described during the ordering process.

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